According to Black’s Law Dictionary, contempt is “the act of intentionally disregarding the authority of a court or legislative body. It can also be defined as any action that hinders or obstructs the administration of justice.” We have all seen Court TV when someone in the courtroom screams at a judge or attempts to physically harm a witness. Yes, that’s certainly contempt. But what is contempt in your average family law case?
For a court to find someone in contempt, there must be a court order that provides a clear instruction to do or NOT do something. For example: Margo shall move out of the Marital Residence no later than May 1, 2025, by 5:00 P.M. She shall only remove the furniture and personal items which were agreed upon at mediation and attached at Exhibit “A”. Todd shall be permitted to re-enter the marital residence at 5:30 P.M. on May 1, 2025, and thereafter he shall have exclusive possession of the marital residence, free from any claim of Margo.” This language is very clear that Margo needs to be out of the house, with ONLY the items the parties agreed for her to take with her, by 5:00 P.M. on May 1, 2025. If she refuses to leave the house by that court-ordered time, absent an extreme emergency that prevented her from leaving, she would in contempt. Margo would have to show that not getting out of the house was not “willful and intentional,” such as she was in an accident, or the house flooded the day before, or she had a death in the family. Otherwise, the order is clear. If it’s past May 1st and Margo is still not out, and there is no emergency that she can point to as to why, Todd would likely ask a court to hold Margo in contempt, specifically outlining how Margo did not follow the court order. Unfortunately, this may not be a quick fix, as the court would set Todd’s motion for a hearing, at which time Margo could try to explain to the court why she could not get out. Todd would likely receive another date for Margo to move out, and could be awarded attorney fees for having to re-hire his divorce attorney to file the motion, and possibly fees for every day that Margo is still in the house.
The takeaways: Follow your court orders! If you don’t understand something in your court order, bring it to an attorney BEFORE any deadlines you might have so you are not later found in contempt. And if you’re in a situation where you think your ex may be in contempt, consult with an attorney before filing for contempt, because if you’re wrong, YOU may have to pay your ex’s attorney fees.
